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WASHINGTON
The Supreme Court could decide as early as Nov. 10 whether to hear a challenge to President Barack Obama's health care overhaul this term.
Federal appeals court rulings on health care from Atlanta, Cincinnati and Richmond are on the agenda for the justices' private conference Nov. 10.
If they agree then to hear any or all of those cases, the decision would be announced that day or when the court meets in public session the following Monday. Such a timetable would allow the court to hear arguments over the health care law in late March and would give the justices three months to craft their opinions.
The central issue is whether the requirement for individuals to buy insurance or pay a penalty is constitutional.
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Unlike many commenters,
I do not claim to be a constitutional law expert. However, several conservative constitutional law scholars are confident that health reform will be ruled constitutional by the Supreme Court:
“I am quite sure that the health care mandate is constitutional.” – Charles Fried, President Reagan’s Solicitor General
One of the Courts of Appeal that have already ruled health reform constitutional was decided by judge appointed by President George W. Bush II who had previously clerked for Justice Scalia
http://www.washingtonpost.com/blogs/plum-line/post/a-big-blow-to-the-conservative-legal-case-against-health-reform/2011/03/03/AGhgN1qH_blog.html
Obviously
"However, several conservative constitutional law scholars are confident that health reform will be ruled constitutional by the Supreme Court:"
You were expecting something different? How about law scholars from the other side of the coin? Or are you saying they are inconsequential and not to be considered?
Most constituitional scholars
(even the conservative ones I have quoted) believe that health reform is easily constitutional and that the Supreme Court are likely to rule it constitutional by a clear majority.
What diference does it make?
Do you really think most of the justices actually consider whether an issue is constitutional or not when the Republicans and Democrats are on opposing sides? Not they way it should work.
David, if Mittens plan in Massachusetts has a mandate...
... surely someone challenged Mitts/GOP terrible socialist gubmint JamDownOurThroats plan in his state.
Mitts:
"The idea for a health care plan in MA was not mine alone. The Heritage Foundation, a great (?) conservative think tank, helped on that. I’m told Newt Gingrich, one of the very first people who came up with the idea of an individual mandate... years ago. It was seen as a conservative idea.
Newt:
In 07, "Personal responsibility extends to the purchase of health insurance. Citizens should not be able to cheat their neighbors by not buying insurance... An “individual mandate should be applied when the larger health-care system has been fundamentally changed.
”We should insist that everyone above a certain level buy covera
When one
picks sound bites, it obviously confuses the whole story. However if true, I must take David's logic and cannot consider anothers mistakes from 20 years ago. If that is unacceptable then perhaps we need to revisit 20 years of racist rants with Reverend Wright and the Supreme Socialist Nobama closely choosing his friends which were Marxists if you didn't read his book. Can't have it both ways.
Except
that TR is quoting Romney (the leading Republican candidate running against President Obama) specifically on the topic of discussion (the individual mandate in health reform), and it wasn't "20 years ago," it was 2006:
"Some of my libertarian friends balk at what looks like an individual mandate. But remember, someone has to pay for the health care that must, by law, be provided: Either the individual pays or the taxpayers pay. A free ride on government is not libertarian."
Romney’s health advisors even assisted drafting the federal health reform law.
http://www.msnbc.msn.com/id/44854320/ns/politics-decision_2012/#.TpQ5ymAx-mc
Except
I was referring to the noise about Republicans came up with the idea in the 90s.
What is missing from your comment is what Romney said before your quote. "With private insurance finally affordable, I proposed that everyone must either purchase a product of their choice or demonstrate that they can pay for their own health care. It’s a personal responsibility principle." Quite a bit different than fully supporting an all out mandate.
Except
"An all out mandate" was included in the Romneycare that he was talking about.
And
Republicans supported the indivicual mandate during the debate about the health reform law:
“I believe that there is a bipartisan consensus to have individual mandates.” - Republican Sen. Grassley Fox News 06/14/2009